Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:24405 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 2452 of 2025 Petitioner :- Ram Surat Respondent :- Smt. Rachna Devi And 4 Others Counsel for Petitioner :- Sachin Srivastava Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J.
1. Heard learned Counsel for the petitioner as well as learned Standing Counsel.
2. The present petition has been filed challenging the order dated 29.03.2025 whereby, the recall application at the instance of the petitioner, who was the driver of the offending vehicle, has been rejected.
3. The contention of the Counsel for the petitioner is that he was impleaded as a driver in the claim petition filed by the respondents and he apprehends that any order may be passed against him.
4. Considering the fact that the vehicle in question was owned by the State and under the concept of vicarious liability, it is the owner, who is liable for the acts of the driver, I do not see any reason to permit the petitioner to interfere in the proceedings.
5. The authority concerned is directed to decide the claim and while deciding the claim, in case it is proposed to pass any award against the driver, he shall be permitted to participate in the proceedings at that stage, however, if the liability is to be fixed upon the owner of the vehicle or insurance company, there is no need to permit the petitioner to participate in the proceedings.
6. For the reasons stated above, the writ petition is dismissed. Order Date :- 29.4.2025 akverma Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench